Gun Cases

As a trial lawyer, I have handled thousands of guns cases.  Many in federal court but most in state court.  In Pennsylvania no license is required to possess rifles and shotguns. Nor is a license required to possess a handgun in one’s own home or business.  In order to carry a handgun on the public streets or in a vehicle, one must be licensed to carry a firearm; or transporting the firearm for a legitimate purpose such as target shooting or to a dealer in either case it must be properly transported.  Application for a license to carry can be made to the chief of police or sheriff department depending upon where you live.

Act 235 permits and Sportsman’s permits are different from licenses to carry firearms.  I often represent Act 235 permit holders for possessing firearms when police believe that them to be off duty.  I have won many cases for Act 235 permit holders for carrying to and from places of employment.  I have successfully represented many corrections officers charged with illegally carrying firearms— cases that frequently overlap with the unique legal challenges faced by law enforcement officers accused of criminal offenses.

State law and federal law precludes certain persons from possessing firearms – handguns, rifles and shotguns (See, ATF Form 4473 and PA State Police Form SP4-113).  If you were ever arrested contact me before completing either form.  Inaccurately completing either form can result in your arrest.  Persons who CANNOT purchase firearms or possess firearms are:

• Fugitives and persons who are in wanted status;
• Persons convicted of violent crimes and in some cases this includes misdemeanor offenses;
• Person convicted of a controlled substance offense punishable by more than 2 years;
• Persons who suffer from mental illness;
• Illegal aliens;
• Minors (Handguns only and not if supervised by of a parent, or guardian engaged in lawful activity).

Often motions to suppress evidence are key to successfully litigating gun cases.  Lack of reasonable suspicion or probable cause will lead to suppression of the firearm and thus dismissal of the case.  Additionally, whether a person legally possesses the firearm may be subject legitimate dispute and successfully litigated before a judge or jury.  When a firearm is not recovered from the person and instead is recovered from a car, a home or business, or a public street, may be grounds to successfully challenge possession and go to trial on the issue.
Notably the legality of the possession of a firearm does not detract from one’s right to use the firearm in self defense.  In other words, unlawful possession of a firearm will not preclude the right to use a firearm in self defense.  I have won many murder and assault cases by claiming self defense.  In some of those cases individuals illegally possessed and used firearms.  However, the punishment for illegal possession of a firearm pales in comparison to punishment for murder or aggravated assault.

It is important to remember if you are charged with illegally possessing, purchasing, or transferring a firearm, as with any charge, investigation or allegation, to hire an attorney that is familiar with the law and the process and an attorney that is experienced in the law and litigation of the issues and the presentation of the pretrial motions and defenses.

Fighting gun charges in Pennsylvania can be tricky without the help of an experienced attorney. Due to the serious nature of the crime, A Philadelphia gun offenses lawyer is critical for anyone who has been charged with felony possession or other firearm-related crimes.

Facts about Guns in Pennsylvania and Philly’s Gun Control Policies

According to the City of Philadelphia’s website, Pennsylvania ranks 26th in the U.S. for gun-related homicides. This is especially true in cases of domestic violence, in which 58% of all homicides related to domestic violence were committed with firearms. At the city level, Philadelphia ranks 5th in the nation for firearm homicide among peer cities. In 2016, a staggering 83% of all homicide victims in the city were shooting victims.

Although most U.S. citizens have a constitutional right to own firearms, Philadelphia and cities like it have implemented strict laws and policies designed to reduce violence and homicide rates. For example, individuals who have been convicted of domestic violence must relinquish all firearms within 24 hours and may not purchase or possess firearms in the future.

The City of Philadelphia cannot pass its own laws on gun ownership or sales due to overarching Pennsylvania state laws. Sometimes, as a result of the vast amount of violent crime that occurs on the streets of Philadelphia, police officers, judges, and even juries can be overzealous in their desire to convict and sentence. This is why a Philadelphia gun offenses lawyer should represent everyone accused of a gun-related crime.

Philadelphia’s experienced gun crime defense team is ready to protect your rights. Contact Pagano Law today.

What Are Pennsylvania’s Gun Laws?

According to information from the National Rifle Association (NRA), the only permit required by the State of Pennsylvania is a permit to carry a handgun. Otherwise, no permit to purchase, registration, or owner licensing is required for shotguns, rifles, or handguns. Despite this apparent leniency, however, there are still numerous Philadelphia gun offenses that can lead to serious consequences. For example, as of October 2024, the Supreme Court continued to allow the state to ban gun possession by anyone under age 21.

Furthermore, the presence of a firearm can make certain types of violent crimes and drug arrests more serious. For example, prosecutors may raise a simple assault charge to aggravated assault or attempted murder, both of which carry harsher sentences and can have lifelong consequences. Prison sentences for crimes like domestic violence, sex offenses, and robberies are often greatly increased when firearms are present.

If a firearm was used during the commission of a crime, such as a robbery or domestic violence matter, the accused can face an additional five years in prison along with an additional $10,000 in fines due to guidelines set forth under the Uniform Firearms Act. Anyone who has been accused of a crime in which a firearm was used or was present should immediately contact a Philadelphia gun offenses lawyer before providing information to any law enforcement agent.

Philadelphia also has laws against prohibited offensive weapons, including certain types of firearms that include sawed-off shotguns, machine guns, and certain implements. Possession of these weapons can lead to serious penalties, and an experienced criminal defense lawyer is essential in these cases.

Most Common Philadelphia Gun Offenses

Some of the most common weapons-related charges in Philadelphia include the following:

• Possession of a firearm by a minor;
• Possession of a firearm by a convicted felon; and
• Carrying a weapon without the proper licensure.

Certain other weapons can also lead to felony charges, including switchblade knives, brass knuckles, and specific types of firearms that are prohibited by state law.

Philadelphia Gun Offenses Sentencing Guidelines, Fines, and More

As gun-related crimes gain more media coverage, and as sentencing guidelines continue to change, the average bail for a gun-related offense is about $100,000 in Pennsylvania. Whereas District Attorneys (DA) would once agree to probation, particularly for first-time offenders, this is no longer true for most cases.

Unlawful possession of firearms and possession of a firearm with an altered serial number are two of the most common offenses in Philadelphia.Though judges are not bound by specific sentencing guidelines, they do follow sentencing matrices designed to prevent appellate issues – particularly for violent crimes. Along one axis is the accused’s offense gravity score (OGS), and along the other is their prior record score (PRS). The higher each of these numbers, the more likely the accused will face a harsher sentence.

First-time offenders can face sentences of anywhere from one month to three years depending on the severity of the crime. Individuals who have prior convictions – either misdemeanor or felony – usually face stricter penalties. Pennsylvania also uses a “deadly weapon sentencing enhancement,” which include factors like aggravation and mitigation, increasing or decreasing the time served for Philadelphia gun offenses by about a year, on average.

Time is critical in gun-related cases. Get skilled legal defense now – schedule your confidential case review with Pagano Law.

What to Do If You Have Been Charged

If you are arrested and accused of a gun crime, or if you are currently facing gun-related charges, do not provide any information to law enforcement without first contacting a qualified Philadelphia gun offenses lawyer. This is true for a simple firearm possession charge to the accused commission of a violent crime.

Individuals dealing with gun charges inside the Philadelphia city limits can face longer periods of imprisonment, which means you need proactive and aggressive representation – even if you are a first-time offender. Very few gun-related crimes in Philadelphia are considered misdemeanor charges, and felonies can have a serious impact on your life for many, many years to come.

How A Philadelphia Gun Offenses Lawyer Can Help

A Philadelphia gun offenses lawyer can help you in several important ways if you are accused of committing a crime. Some of the most powerful options include the following:

• Police misconduct, including procedural errors such as failure to properly Mirandize, unlawful search and seizure, and more.
• Demonstrating the gun in question did not belong to you
• Demonstrating the weapon in question does not meet the legal definition of a firearm

Lawyers who specialize in gun offenses take your case extremely seriously. Whether you have been arrested for unlawful concealed carry or a gun was in your car during a traffic stop that resulted in a possession charge, you need an experienced attorney to advocate for your rights.

Don’t Let Gun Charges Affect Your Life and Liberty

Gun charges are severe in Pennsylvania, particularly in the Philadelphia city limits. Without an experienced Philadelphia gun offenses lawyer representing you, felony conviction rates are high. From building a robust defense strategy by leveraging all the circumstances and evidence related to your case to negotiating plea deals to minimize penalties and even representing you at trial, a criminal defense lawyer specializing in firearms offenses can help you maintain your liberty and rights.

When you’re facing gun-related charges in Philadelphia, every minute counts. The consequences of a conviction can impact your freedom, career, and family for years to come. At Pagano Law, we understand what’s at stake.

With decades of experience defending clients against weapons charges in Pennsylvania courts, we know how to challenge evidence, protect your constitutional rights, and fight for the best possible outcome in your case. Don’t wait until it’s too late. The prosecution is already building its case, and you need a strong defense team on your side right now.

Call Pagano Law at (215) 636-0160 for a free, confidential consultation. Our experienced gun crime defense attorneys will review your case, explain your options, and start protecting your rights immediately. Your future is worth fighting for. Let Pagano Law stand between you and the prosecution.